Terms of Use

ATTENTION POINT'S

WEBSITE TERMS AND CONDITIONS OF USE

The Terms and Conditions of this website (the "Terms") apply to your access to, and use of, Attention Point's (the "Company") website located at www.attentionpoint.com and www.definipoint.com as well as any other Company-controlled Site (collectively the "Site") and the features and applications accessible through the Site (collectively the "Services"). Further, these Terms are in addition to the terms or conditions of any other agreement you may have with the Company, or its parents, subsidiaries or affiliates, for products, services or otherwise.


PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.


The Company reserves the right to change or modify any of the terms and conditions contained in the Terms or any additional terms of the Site, at any time and in its sole discretion and any changes or modifications will be effective immediately upon posting of the revisions to the Site.

Unless otherwise indicated herein, the Site, the Services and all content and other materials on the Site (the "Site Materials") are the proprietary property of the Company and are protected by copyright and other laws. You are granted a limited, non-exclusive, non-transferrable license, without the right to sublicense, to access and use the Site, the Site Materials and the Services, solely for your personal use. Such license is subject to these Terms, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

(a) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site, the Site Materials or the Services;

(b) distribute, publicly perform or publicly display the Site, the Site Materials or the Services;
(c) modify, adapt, translate, or create any derivative works of the Site, the Site Materials, the Services or any portion thereof;
(d) download, index or in any non-transitory manner store or cache any portion of the Site, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Site;
(e) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site, the Site Materials or any Services; or
(f) use the Site, the Site Materials or the Services other than for its intended purpose and as allowed by the Company.


Any use or attempted use of the Site, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the Company is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any right, title, interest, license or other right to use to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the Company's sole and unrestricted discretion.


Unless otherwise stated on the Site, all logos and any other product or service name or slogan contained in the Site are trademarks of the Company or its parent, subsidiaries, affiliates, or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the applicable trademark owner. All other trademarks, service marks, logos, and product names published on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.


In addition to official pages on the Site containing the content of the Company in support of the Company's business, the Site may include third party content and may provide links to websites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of the Company. In addition, the Site may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). The Company does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Company is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Use of Third Party Content and Third Party Applications is at the user's own risk and the Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, or websites linking to the Site. Such content is not under the control of the Company and the Company is not responsible for the contents of any Third Party Content or any link contained in a linked website, or any review, changes or updates to Third Party Content Your use of Third Party Content will be subject to that third party's terms and conditions, if any, and its privacy and data gathering policies.


The Company takes no responsibility and assumes no liability for any content, messages, materials, data, information, text, graphics, code or other items or materials created, posted, uploaded, or stored by you or on your behalf on the Site ("User Content"), or for any loss or damage thereto or resulting therefrom. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Company's systems and customers, or to ensure the integrity and operation of the Company's business and systems, and in all cases subject to the Business Associate Agreement previously entered into between you and the Company (the "BA Agreement"), the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Company's right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the Company's Privacy Policy but shall always remain subject to the provisions of the BA Agreement.


In consideration of your use of any of the Site, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Site, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete;
(d) not use the Site, Services, or Site Materials for any fraudulent or unlawful purpose or impersonate any person or entity;
(e) not interfere, interrupt, or disrupt the operation of the Site, Site Materials, or the Services;
(f) not interfere with or violate any other user's right to privacy or other rights, or harvest or collect personally identifiable information of other Site users;
(g) not publish, disseminate, link to, frame or mirror all or any part of the Site without the Company's express written 
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company, whether or not to the Site.


You agree to defend, indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and independent contractors, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Site, the Services, your use of the Interactive Areas, or breach of these Terms or applicable law.


EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY.


IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY UNDER THESE TERMS OR REGARDING THE SERVICES PROVIDED THROUGH THE SITE EXCEED THE FEES ACTUALLY PAID BY YOU TO THE COMPANY.


These Terms and your use of the Site, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without respect of its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in the City of Roanoke, Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.


Notwithstanding anything to the contrary in these Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Site, the Site Materials or the Services.


In the event any of the terms or provisions of these Terms is held to be unenforceable, the remaining terms and provisions shall not in any way be affected or impaired thereby.

You acknowledge and agree that the Services and Site Materials provided through the Site are provided for your convenience, may not be available at all times due to events outside of the Company's control, and that the Services and Site Materials provided through the Site are provided for informational purposes and not as a substitute for a medical diagnosis or any other professional medical advice.

Your continued use of the Site constitutes your agreement to these Terms.

Questions or comments about the Site may be directed to the Company at info@www.attentionpoint.com.